Maine Revised Statutes

Me. Rev. Stat. tit. 16, § 251 (2026)

Fees of witnesses

✓ current as of May 2026

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Witnesses, other than law enforcement officers testifying in their official capacity, in the Supreme Judicial Court, the Superior Court, the District Court or in the Probate Court, unless the court otherwise orders, must receive $10, and before referees, auditors or commissioners specially appointed to take testimony or special commissioners on disputed claims appointed by Probate Courts, $10, or before the county commissioners, $10 for each day's attendance and 22¢ a mile for each mile's travel going and returning home. The party calling the witness shall pay the witness. Payments made under this section to witnesses called on behalf of the State must be made from the county treasury upon authorization of the prosecuting attorney, unless otherwise directed by law. The court in its discretion may allow at the trial of any cause, civil or criminal, in the Supreme Judicial Court, the Superior Court or the District Court, a reasonable sum for each day's attendance of any expert witness or witnesses at the trial, in taxing the costs of the prevailing party, and the expense of all expert witnesses for the State in murder cases must be paid by the State and charged against the appropriation for the Department of the Attorney General. Such party or the attorney of record shall first file an affidavit within 30 days after entry of judgment and before the cause is settled, stating the name, residence, number of days in attendance and the actual amount paid or to be paid each expert witness in attendance at such trial. No more than $10 per day may be allowed or taxed by the clerk of courts in the costs of any civil action for the per diem attendance of a witness, unless the affidavit is filed, and the per diem is determined and allowed by the presiding justice. [PL 2007, c. 539, Pt. JJ, §7 (AMD); PL 2007, c. 539, Pt. JJ, §10 (AFF).]

SECTION HISTORY

PL 1967, c. 286 (AMD). PL 1971, c. 199 (AMD). PL 1971, c. 261, §2 (AMD). PL 1971, c. 544, §52 (AMD). PL 1975, c. 731, §16 (AMD). PL 1983, c. 538, §1 (AMD). PL 1985, c. 384, §6 (AMD). PL 2007, c. 539, Pt. JJ, §7 (AMD). PL 2007, c. 539, Pt. JJ, §10 (AFF).

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1976–2022 · leading case: McCarthy v. U.S.I. Corp., 678 A.2d 48 (Me. 1996).

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McCarthy v. U.S.I. Corp., 678 A.2d 48 (Me. 1996). · cites it 2× “1995) and 16 M.R.S.A. § 251 (Supp. 1995), a court may include as costs expert witness fees and expenses incurred by the expert’s attendance at trial.”

Poland v. Webb, 1998 ME 104 (Me. 1998). · cites it 3× “§ 1502-C and 16 M.R.S.A. § 251. Those statutory provisions authorize only fees that are directly related to attendance at trial.”

Cole v. A.J. Cole & Sons, Inc., 567 A.2d 1342 (Me. 1989). · cites it 5× “The defendant next contends that the plaintiffs’ failure to file an affidavit in compliance with 16 M.R.S.A. § 251 (Supp. 1988) precluded the trial court’s consideration of expert witness fees in the bill of costs filed by the plaintiffs, and further contends that the trial…”

Grant v. Warren Bros. Co., 405 A.2d 213 (Me. 1979). “” 16 M.R.S.A. § 251 (1978 Supp.) provides: The court in its discretion may allow at the trial of any cause .”

In Re Kayla S., 2001 ME 79 (Me. 2001). “45(b)(1); 1 see also 16 M.R.S.A. §§ 251, 253 (1983 & Supp.2000).”

Trask v. Auto. Ins. Co., 1999 ME 94 (Me. 1999). “In relevant part, 16 M.R.S.A. § 251 (Supp. 1998) provides’that "[t]he court in its discretion may allow at the trial of any cause, civil or criminal, in the Supreme Judicial Court, the Superior Court or the District Court, a reasonable sum for each day’s attendance of any expert…”

Opinion of the Justices of the Supreme Jud. Court, 355 A.2d 341 (Me. 1976). “16 MRSA § 251, 1st sentence, as last repealed and replaced by PL 1971, c.”

Randy N. Oliver, II v. E. Maine Med. Ctr., 2018 ME 123 (Me. 2018). · cites it 2× “Section 251, in turn, gives the court discretion to "allow at the trial of any cause, civil or criminal, in the Supreme Judicial Court, the Superior Court or the District Court, a reasonable sum for each day's attendance of any expert witness or witnesses at the trial.”

Warren-White v. Sullivan (Me. Super. Ct 2019). · cites it 7× “§ 1502-B, which authorizes reimbursement of attendance fees and travel costs as set out in 16 M.R.S.A. § 251. The Court agrees with Defendant that section 251 does not authorize this cost.”

Brunswick Topsham Water Dist. v. Layne Christensen Co. (Me. Super. Ct 2009). · cites it 3× “The court rejects Layne's argument that the Prompt Pay Act's use of the term expenses rather than costs means it is entitled to all of the expenses related to the experts. The court concludes that the narrow and explicit language relating to "reasonable expert fees and expenses"…”

Camp Takajo, Inc. v. Simplexgrinnell (Me. Super. Ct 2007). · cites it 2× “The witness fee statute, 16 M.R.S.A. § 251,1 generally allows witness fees of "$10 for each day's attendance [plus mileage].”

Brown v. Nortrax, Inc. (Me. Super. Ct 2022). “Taxable costs may include the cost of service of subpoena upon the deponent, the reasonable fee of the officer before whom the deposition is taken, the stenographer's reasonable fee for attendance, and the cost of the original transcript and one copy of the testimony or such…”

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